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Home My WebLink AboutCC AG PKT 2004-01-26 #X 0 AGENDA REPORT lc DATE: January 26, 2004 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: Introduction of Ordinance Adopting by Reference Titles 1 through 9 of the Seal Beach Municipal Code (2004 Edition) SUMMARY OF REQUEST: Introduce Ordinance Number , An Ordinance of the City of Seal Beach Adopting by Reference Titles 1 through 9 of the Seal Beach Municipal Code (2004 Edition). Instruct Staff to implement the public review and adoption schedule as proposed. BACKGROUND: The City Attorney and staff have been preparing revisions to the Seal Beach Municipal Code since late 2001. The City Council has been reviewing these proposed revisions and a re- formatting of the Seal Beach Municipal Code for approximately 18 months, and held 6 study sessions during that period to review and provide comments on the work as it progressed. The "Final Draft" versions of Titles 1 through 9 of the Seal Beach Municipal Code have been prepared and are proposed for introduction by the City Council this evening. Upon introduction of these Titles of the Seal Beach Municipal Code, the following public review and adoption schedule is proposed: PROPOSED PUBLIC REVIEW AND ADOPTION SCHEDULE — SEAL BEACH MUNICIPAL CODE, TITLES 1 THROUGH 9 ❑ January 26, 2004 — City Council holds first reading and introduces ordinance to adopt by reference Titles 1 through 9 of the Seal Beach Municipal Code. ❑ January 27, 2004 — Copies of Titles 1 through 9 of the Seal Beach Municipal Code provided to all libraries and made available at the City Clerk's office for public review and to allow comments to be provided to the Director of Development Services by March 26, 2004. Agenda Item X Z:\My Documents\MUNICODE \Titles 1 -9 Intro.CC Staff Report.doc \LW\01 -21 -04 Introduction of Ordinance Adopting by Reference Tides 1 Through 9 of the Seal Beach Municipal Code City Council Staff Report January 26, 2004 ❑ February 10, 2004 - Copies of Titles 1 through 9 of the Seal Beach Municipal Code are posted on the City's website in a PDF format for public review and to allow comments to be provided to the Director of Development Services by March 26, 2004. At this time a side -by -side comparison of Titles 1 through 9 in PDF format will also be posted on the City's website and made available at all libraries and the City Clerk's office. ❑ March 26, 2004 — Close of public review and comment period for proposed Titles 1 through 9 of the Seal Beach Municipal Code. ❑ April 12, 2004 — City Council holds second reading and Adopts Titles 1 through 9 of the Seal Beach Municipal Code. This assumes that no significant changes are made based on public comments received by the City that would require re- introduction of Titles 1 through 9 of the Seal Beach Municipal Code. If significant changes are made based on public comments, re- introduction of Titles 1 through 9 of the Seal Beach Municipal Code would occur at this meeting. ❑ (April 26, 2004 — Only if Titles 1 through 9 of the Seal Beach Municipal Code are re- introduced as discussed above - City Council Adoption of Titles 1 through 9 of the Seal Beach Municipal Code.) ❑ May 12, 2004 — Effective date of newly adopted Titles 1 through 9 of the Seal Beach Municipal Code. ❑ (May 26, 2004 - Only if Titles 1 through 9 of the Seal Beach Municipal Code are re- introduced as discussed above under April 12, 2004 - Effective date of newly adopted Titles 1 through 9 of the Seal Beach Municipal Code.) Titles 1 through 9 of the Seal Beach Municipal Code cover the following general subject areas: ❑ Title 1 — General Provisions ❑ Title 2 - Elections ❑ Title 3 - Administration ❑ Title 4 — Revenue and Finance ❑ Title 5 — Business Licenses and Regulations ❑ Title 6 - Franchises ❑ Title 7 — Public Peace, Morals and Welfare ❑ Title 8 — Vehicles and Traffic ❑ Title 9 — Public Property, Public Works, and Building Regulations Titles 1 through 9 are not provided with this Staff Report due to the length of these Municipal Code Titles, 450 pages. As indicated in the above public review and adoption schedule, copies will be made available at the libraries and at City Hall on January 27. Copies will also be distributed to the City Council, the City Attorney, the City Manager and Department heads at that time. The following major sections of the existing Municipal Code will not be revised at this time and will be subject to future appropriate Commission and City Council review upon adoption of a "Local Coastal Plan" by the California Coastal Commission: ❑ Chapter 5 — Building Code Titles 1 -9 Intro.CC Staff Report 2 Introduction of Ordinance Adopting by Reference Titles 1 Through 9 of the Seal Beach Municipal Code City Council Staff Report January 26, 2004 ❑ Chapter 21 — Subdivisions ❑ Chapter 24 — Factory Built Housing, Mobile Houses, Recreational Vehicles, Commercial Coaches, Mobile Home Parks, Special Occupancy Trailer Parks and Camp Grounds ❑ Chapter 24A — Mobilehome Park Conversions . ❑ Chapter 28 - Zoning FISCAL IMPACT: None. Adoption of the recommended Ordinance will complete an existing review and revision process of certain portions of the existing Seal Beach Municipal Code. RECOMMENDATION: Introduce Ordinance Number , An Ordinance of the City of Seal Beach Adopting by Reference Titles 1 through 9 of the Seal Beach Municipal Code (2004 Edition). Instruct Staff to implement the public review and adoption schedule as proposed. NOT D; 1 II APP' P. 1 -♦ ' 4 / ice/ Wh erg Jo e . Bahorsk' Or r irector of Development Services anager Attachment: Ordinance Number , An Ordinance of the City of Seal Beach Adopting by Reference Titles 1 through 9 of the Seal Beach Municipal Code (2004 Edition) Titles 1 -9 Intro.CC Staff Report 3 Introduction of Ordinance Adopting by Reference Titles 1 Through 9 of the Seal Beach Municipal Code City Council Staff Report January 26, 2004 ATTACHMENT ORDINANCE NUMBER , AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING BY REFERENCE TITLES 1 THROUGH 9 OF THE SEAL BEACH MUNICIPAL CODE (2004 EDITION) 1 Titles 1 -9 Intro.CC Staff Report 4 Introduction of Ordinance Adopting by Reference Titles 1 Through 9 of the Seal Beach Municipal Code City Council Staff Report January 26, 2004 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING BY REFERENCE TITLES 1 THROUGH 9 OF THE SEAL BEACH MUNICIPAL CODE (2004 EDITION) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Findings and Intent. The City Council finds and declares that: A. On November 6, 1961, the City Council adopted Ordinance No. 596. By such action, the City Council adopted by reference the recodified and recompiled Code of the City of Seal Beach (1961 Edition). B. At various other times since the adoption of Ordinance No. 596, the City Council has adopted various other ordinances that have added provisions to or otherwise amended the Code of the City of Seal Beach (1961 Edition). C. The City Council desires to amend and recodify the existing ordinances comprising the Code of the City of Seal Beach (1961 Edition) as amended. D. In enacting this Ordinance, the City Council has complied with the procedural requirements of California Government Code Section 50022.1 et seq. As part of such compliance, there has been filed in the office of the City Clerk for public inspection a copy of Titles 1 through 9 of the Seal Beach Municipal Code (2004 Edition), together with a copy of each of the secondary codes therein adopted by reference. E. The City Council finds that this amendment and recodification of the Code of the City of Seal Beach (1961 Edition) as amended does not have any potential for significant environmental impact, and that the adoption of this Ordinance therefore is exempt from consideration under the California Environmental Quality Act. Section 2. Recodification and Adoption of the Code. Except as otherwise provided in this Ordinance, the Code of the City of Seal Beach (1961 Edition) as amended, is hereby amended and recodified to read as set forth in that certain document entitled "Seal Beach Municipal Code (2004 Edition)." The Seal Beach Municipal Code (2004 Edition), and the secondary codes duly described therein, are adopted by reference pursuant to California Government Code Section 50022.1 et seq. This amendment of the Titles 1 -9 Intro.CC Staff Report 5 Introduction of Ordinance Adopting by Reference Titles 1 Through 9 of the Seal Beach Municipal Code City Council Staff Report January 26, 2004 Code of the City of Seal Beach (1961 Edition) as amended, and recodification and adoption as the Seal Beach Municipal Code (2004 Edition), is sometimes referred to in this Ordinance as the "2004 recodification" of the Code of the City of Seal Beach. Section 3. Continuation of Existing Law. Where substantially the same as existing law, the Seal Beach Municipal Code (2004 Edition) shall be considered a continuation of existing law and not a new enactment. Section 4. Effect of Recodification. The 2004 recodification of the Code of the City of Seal Beach does not affect the following matters: A. Actions and proceedings that began before the effective date of this Ordinance. B. Prosecution for ordinance violations committed before the effective date of this Ordinance. C. Licenses and penalties due and unpaid at the effective date of this Ordinance. D. Collection of licenses and penalties due and unpaid at the effective - date of this Ordinance. E. Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance, resolution or regulation. F. Matters of record that refer to or are connected with an ordinance whose substance is included in the Code of the City of Seal Beach (1961 Edition) as amended. Such references shall be construed to apply to the corresponding provisions of the Seal Beach Municipal Code (2004 Edition). Section 5. Repeal. The provisions of the Code of the City of Seal Beach (1961 Edition) as amended are repealed except as otherwise provided in this Ordinance or in the Seal Beach Municipal Code (2004 Edition). Section 6. Exclusions from Repeal. No ordinance governing the following subject matters is repealed as a result of the 2004 recodification of the Code of the City of Seal Beach or of this Ordinance: A. Corporate or jurisdictional limits of the City. B. Contracts to which the City is a party. C. Elections to which the City is a party. Titles 1 -9 Intro CC Staff Report 6 Introduction of Ordinance Adopting by Reference Titles 1 Through 9 of the Seal Beach Municipal Code City Council Staff Report January 26, 2004 D. City taxes. E. City franchises. F. Land use classifications of specific property. G. Highways, roads, streets or other public right -of -way. H. Bonds or indebtedness of the City. I. A district, public corporation or other entity established by the City. J. Specific public improvements or assessments. K. Appropriation or investment of City funds. L. Compensation of elected officials, officers or employees of the City. M. A plat or subdivision within the City. N. Interim moratoria. Section 7. Exclusions from Recodification. The following chapters of the Code of the City of Seal Beach (1961 Edition) as amended are not repealed as a result of the 2004 recodification of the Code of the City of Seal Beach or of this Ordinance. A. Chapter 5 — Building Code. B. Chapter 21 — Subdivisions. C: Chapter 24 — Factory Built Housing, Mobile Houses, Recreational Vehicles, Commercial Coaches, Mobile Home Parks, Special Occupancy Trailer Parks and Camp Grounds. D. Chapter 24A — Mobilehome Park Conversion. E. Chapter 28 — Zoning. Section 8. Subsequent Amendments to the Code. Nothing contained in this Ordinance shall affect the validity of ordinances enacted by the City Council for codification in the Seal Beach Municipal Code (2004 Edition). The City Clerk shall cause such ordinances to be incorporated into the Seal Beach Municipal Code (2004 Edition). Titles 1 -9 Intro.CC Staff Report 7 Introduction of Ordinance Adopting by Reference Titles 1 Through 9 of the Seal Beach Municipal Code City Council Staff Report January 26, 2004 Section 9. Maintenance of the Code. The City Clerk shall keep not less than one certified copy of the Seal Beach Municipal Code (2004 Edition) on file in the City Clerk's office for use by the public. Section 10. Certification and Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 11. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2004. MAYOR • ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } Titles 1 -9 Intro.CC Staff Report 8 Introduction of Ordinance Adopting by Reference Titles 1 Through 9 of the Seal Beach Municipal Code City Council Staff Report January 26, 2004 I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting thereof held on the day of , 2004 and was passed, approved and adopted by the City Council at a meeting thereof held on the day of , 2004 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers And do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk • Tides 1 -9 Intro.CC Staff Report 9